North Dakota Code 28-21-17 – Execution against principal first
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If a judgment is rendered upon any instrument in writing in which two or more persons are severally bound, and it appears to the court that a person signed the same as surety or bail for that person’s codefendant, the court shall state which of the defendants is principal debtor and which is surety or bail. Execution issued on the judgment must command the sheriff to cause the property of the principal debtor to be sold and if the proceeds from that sale are insufficient, to collect the deficiency from the property of the surety or bail. The property of the principal debtor within the jurisdiction of the court must be exhausted before any of the property of the surety or bail may be taken in execution.
Terms Used In North Dakota Code 28-21-17
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49